To
Smt. Droupadi Murmu Ji
The Hon’ble President of India
Rashtrapati Bhavan, New Delhi – 110001.
Subject: Mercy petition for intervention under Article 14, 21 and 300A – For amendment of defective ToR of 8th Central Pay Commission dated 03.06.2025 which denies jurisdiction to recommend pension revision for 65 lakh pre-01.01.2026 pensioners – ToR is against D.S. Nakara verdict, against past CPC practice and against Finance Minister’s statement in Rajya Sabha.
Respected Madam,
I, Lokanath Mishra, Chief Adviser, All India Pensioners Association of Central Board of Indirect Tax and Customs (AIPACBIC), aged 71 years, a retired Central Government servant, beg to lay this representation before Your Excellency, the Supreme Guardian of the Constitution and protector of retired senior citizens, with folded hands.
- WHY I HAVE COME TO YOUR EXCELLENCY:
Madam, we have represented to Hon’ble Finance Minister Smt. Nirmala Sitharaman Ji and Hon’ble MOS Dr. Jitendra Singh Ji for amendment of ToR of 8th CPC. But no action has been taken. The file is being shuttled between Department of Expenditure and DOPT.
Your Excellency is the only hope for 65 lakh old pensioners and family pensioners, most of whom are above 70-80 years and are facing threat to right to life due to denial of pension revision.
- WHAT IS THE DEFECT IN ToR AND WHY IT IS AGAINST CENTRAL GOVERNMENT’S OWN POLICY:
a) ToR of 8th CPC vide Resolution dated 03.06.2025, Para 2(e) says: “To examine the principles which should govern the structure of pension and other terminal benefits”.
b) This is vague and defective. In contrast, ToR of 5th CPC Para 1.15, 6th CPC Para 2(e) and 7th CPC Para 2(f) explicitly said: “To examine and revise existing pension structure for all existing pensioners and to maintain parity between past and future pensioners”.
c) Hon’ble Supreme Court in D.S. Nakara Vs UoI (1982) 5 Judge Bench held pensioners are one homogeneous class, cut-off date classification is violative of Article 14.
d) Despite this settled law and settled practice, a defective ToR has been issued which omits the words “existing pensioners” and “parity”. This is against the policy of popular Central Government which has always been pro-pensioner and which gave full parity in 7th CPC.
Issuing such a defective ToR is against the interest of Central Government itself and will create resentment among 65 lakh families.
- ToR IS JURISDICTION – PAST JUDGMENTS CANNOT BE APPLIED BY CPC UNLESS ToR IS AMENDED:
Madam, ToR is the jurisdiction and scope of Pay Commission.
CPC is an Executive Body created by Government Resolution. It cannot travel beyond ToR. It cannot say “Though ToR does not say about pre-2026 pensioners, I will still recommend based on Nakara case”. If it does, Government will reject it as ultra vires and beyond mandate.
Therefore, quoting Supreme Court judgments before CPC is useless. The judgments are to be used NOW to amend ToR itself, before CPC starts working.
Otherwise each of 65 lakh pensioners will have to file writ in CAT/High Court and fight for 10 years, which a 75 year old cannot.
- ToR IS AGAINST FINANCE MINISTER’S SOLEMN ASSURANCE IN RAJYA SABHA:
Hon’ble Finance Minister Smt. Nirmala Sitharaman Ji has declared on the floor of Rajya Sabha during Finance Act 2025 debate that “the validation clause of CCS Pension Rules, 2025 would not affect the existing pensioners and their pension is protected”.
We have full faith in her statement.
But if existing pensioners are protected, then why ToR has been issued against the spirit of her statement in Parliament? ToR is silent on pre-2026 pensioners, which implies their exclusion. This contradiction between Parliamentary assurance and Executive Resolution must be resolved by Your Excellency’s intervention.
- PRAYER TO YOUR EXCELLENCY:
Under Article 14, 21 and 300A of Constitution and as protector of senior citizens, Your Excellency may kindly be pleased to:
a) Direct Ministry of Finance, Department of Expenditure to issue a Gazette Corrigendum immediately amending Para 2(e) of ToR of 8th CPC to explicitly include:
“To examine the existing pension structure and to recommend revision of pension, family pension and other terminal benefits for all existing pensioners and family pensioners who retired/died before 01.01.2026, maintaining full parity between past and future pensioners as per D.S. Nakara verdict, as done by all previous Pay Commissions and as assured by Government in Rajya Sabha”.
b) Direct that Finance Act 2025 validation clause shall not be used to deny parity to pre-2026 pensioners.
Your one direction will save 65 lakh old pensioners from destitution and from endless litigation and will uphold Constitutional morality.
Kindly treat this as SOS and final mercy petition of senior citizens.
With most profound regards and pranams,
Yours faithfully,
Lokanath Mishra
The Chief Adviser, AIPACBIC
At: Puri, Odisha.
Mobile: 9437314941
Email: jailoknathjee@gmail.com
Date: 13.09.2026
Copy forwarded for information and urgent action to:
- Smt. Nirmala Sitharaman Ji, Hon’ble Finance Minister, North Block, New Delhi
- Dr. Jitendra Singh Ji, Hon’ble MOS (PP), DOPT, North Block, New Delhi
- MOS Finance, Ministry of Finance, North Block, New Delhi
- Secretary, Department of Expenditure, Ministry of Finance, North Block
- Secretary, DOPT, North Block, New Delhi